[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22871-22875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9964]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Final Results of the 2008-2009 Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 19, 2010, the Department of Commerce 
(``Department'') published the preliminary results of the 2008-2009 
administrative review of the antidumping duty order on certain new 
pneumatic off-the-road tires (``OTR tires'') from the People's Republic 
of China (``PRC''). See Certain New Pneumatic Off-the-Road Tires from 
the People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, 75 FR 64259 (October 19, 2010) (``Preliminary 
Results''). The period of review (``POR'') is February 20, 2008, 
through August 31, 2009. This review covers six exporters.
    We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made 
certain changes to our margin calculations for the individually 
examined respondent, Hebei Starbright Tire Co., Ltd. (``Starbright''). 
The final dumping margins for this review are listed in the ``Final 
Results Margins'' section below.

DATES: Effective Date: April 25, 2011.

FOR FURTHER INFORMATION CONTACT: Raquel Silva or Andrew Medley, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6475 and (202) 482-4987, respectively.

Background

    On October 19, 2010, the Department published its Preliminary 
Results of the antidumping duty administrative review of OTR tires from 
the PRC. On November 3, 2010, Starbright submitted its response to the 
Department's post-preliminary supplemental questionnaire regarding its 
factors of production database. On November 5, 2010, Starbright 
submitted its response to the Department's post-preliminary 
supplemental questionnaire regarding its indirect selling expense 
categories.
    Titan Tire Corporation (``Titan''), the petitioner, Bridgestone 
Americas Holding, Inc. and subsidiary Bridgestone Firestone North 
America Tire, LLC (``Bridgestone''), the domestic interested party, and 
Starbright each submitted publicly available information regarding 
surrogate values on November 8, 2010. On November 18, 2010, both Titan 
and Bridgestone requested hearings. On December 9, 2010, Starbright 
submitted its response to the Department's fifth supplemental 
questionnaire. The Department verified certain aspects of Starbright's 
questionnaire responses at GPX International Tire Corporation 
(``GPX''), Starbright's U.S. sales affiliate, on December 13, 2010, 
through December 15, 2010. On January 31, 2011, the Department issued 
its verification report.
    On February 3, 2011, the Department received Titan's withdrawal of 
its request for a hearing. On February 7, 2011, the Department received 
Titan's case brief and published an extension for the issuance of its 
final results of the review. See Certain New Pneumatic Off-the-Road 
Tires from the People's Republic of China: Notice of Extension of Time 
Limit for the Final Results of the 2008-2009 Administrative Review of 
the Antidumping Duty Order, 76 FR 6603 (February 7, 2011). On February 
8, 2011, the Department received both Bridgestone's and Starbright's 
case briefs. Bridgestone's withdrawal of a request for a hearing was 
submitted on February 9, 2011. On February 14, 2011, all parties 
submitted their rebuttal case briefs.
    On February 22, 2011, the Department sent Starbright a letter 
regarding alleged new factual information submitted in its case brief. 
Starbright submitted its response to the Department's letter on

[[Page 22872]]

February 24, 2011. On March 18, 2011, the Department published an 
additional extension for the issuance of the final results of the 
review. See Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Notice of Extension of Time Limit for the Final 
Results of the 2008-2009 Administrative Review of the Antidumping Duty 
Order, 76 FR 14906 (March 18, 2011).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, regarding, ``Certain New Pneumatic Off-the-Road 
Tires from the People's Republic of China: Issues and Decision 
Memorandum for the Final Results of the 2008-2009 First Administrative 
Review of the Antidumping Duty Order,'' dated concurrently with this 
notice (``Issues and Decision Memorandum''), which is hereby adopted by 
this notice. A list of the issues that parties raised and to which we 
responded in the Issues and Decision Memorandum follows as an appendix 
to this notice. The Issues and Decision Memorandum is a public document 
and is on file in the Central Records Unit (``CRU''), Main Commerce 
Building, Room 7046, and is also accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

Period of Review

    The POR is February 20, 2008, through August 31, 2009.

Scope of the Order

    The products covered by the order are new pneumatic tires designed 
for off-the-road and off-highway use, subject to exceptions identified 
below. Certain OTR tires are generally designed, manufactured and 
offered for sale for use on off-road or off-highway surfaces, including 
but not limited to, agricultural fields, forests, construction sites, 
factory and warehouse interiors, airport tarmacs, ports and harbors, 
mines, quarries, gravel yards, and steel mills. The vehicles and 
equipment for which certain OTR tires are designed for use include, but 
are not limited to: (1) Agricultural and forestry vehicles and 
equipment, including agricultural tractors,\1\ combine harvesters,\2\ 
agricultural high clearance sprayers,\3\ industrial tractors,\4\ log-
skidders,\5\ agricultural implements, highway-towed implements, 
agricultural logging, and agricultural, industrial, skid-steers/mini-
loaders; \6\ (2) construction vehicles and equipment, including 
earthmover articulated dump products, rigid frame haul trucks,\7\ front 
end loaders,\8\ dozers,\9\ lift trucks, straddle carriers,\10\ 
graders,\11\ mobile cranes,\12\ compactors; and (3) industrial vehicles 
and equipment, including smooth floor, industrial, mining, 
counterbalanced lift trucks, industrial and mining vehicles other than 
smooth floor, skid-steers/mini-loaders, and smooth floor off-the-road 
counterbalanced lift trucks. The foregoing list of vehicles and 
equipment generally have in common that they are used for hauling, 
towing, lifting, and/or loading a wide variety of equipment and 
materials in agricultural, construction and industrial settings. Such 
vehicles and equipment, and the descriptions contained in the footnotes 
are illustrative of the types of vehicles and equipment that use 
certain OTR tires, but are not necessarily all-inclusive. While the 
physical characteristics of certain OTR tires will vary depending on 
the specific applications and conditions for which the tires are 
designed (e.g., tread pattern and depth), all of the tires within the 
scope have in common that they are designed for off-road and off-
highway use. Except as discussed below, OTR tires included in the scope 
of the order range in size (rim diameter) generally but not exclusively 
from 8 inches to 54 inches. The tires may be either tube-type \13\ or 
tubeless, radial or non-radial, and intended for sale either to 
original equipment manufacturers or the replacement market. The subject 
merchandise is currently classifiable under Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings: 4011.20.10.25, 
4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.61.00.00, 
4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 4011.92.00.00, 
4011.93.40.00, 4011.93.80.00, 4011.94.40.00, and 4011.94.80.00. While 
HTSUS subheadings are provided for convenience and customs purposes, 
our written description of the scope is dispositive.
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    \1\ Agricultural tractors are dual-axle vehicles that typically 
are designed to pull farming equipment in the field and that may 
have front tires of a different size than the rear tires.
    \2\ Combine harvesters are used to harvest crops such as corn or 
wheat.
    \3\ Agricultural sprayers are used to irrigate agricultural 
fields.
    \4\ Industrial tractors are dual-axle vehicles that typically 
are designed to pull industrial equipment and that may have front 
tires of a different size than the rear tires.
    \5\ A log-skidder has a grappling lift arm that is used to 
grasp, lift and move trees that have been cut down to a truck or 
trailer for transport to a mill or other destination.
    \6\ Skid-steer loaders are four-wheel drive vehicles with the 
left-side drive wheels independent of the right-side drive wheels 
and lift arms that lie alongside the driver with the major pivot 
points behind the driver's shoulders. Skid-steer loaders are used in 
agricultural, construction and industrial settings.
    \7\ Haul trucks, which may be either rigid frame or articulated 
(i.e., able to bend in the middle) are typically used in mines, 
quarries and construction sites to haul soil, aggregate, mined ore, 
or debris.
    \8\ Front loaders have lift arms in front of the vehicle. They 
can scrape material from one location to another, carry material in 
their buckets, or load material into a truck or trailer.
    \9\ A dozer is a large four-wheeled vehicle with a dozer blade 
that is used to push large quantities of soil, sand, rubble, etc., 
typically around construction sites. They can also be used to 
perform ``rough grading'' in road construction.
    \10\ A straddle carrier is a rigid frame, engine-powered machine 
that is used to load and offload containers from container vessels 
and load them onto (or off of) tractor trailers.
    \11\ A grader is a vehicle with a large blade used to create a 
flat surface. Graders are typically used to perform ``finish 
grading.'' Graders are commonly used in maintenance of unpaved roads 
and road construction to prepare the base course on to which asphalt 
or other paving material will be laid.
    \12\ A counterbalanced lift truck is a rigid framed, engine-
powered machine with lift arms that has additional weight 
incorporated into the back of the machine to offset or 
counterbalance the weight of loads that it lifts so as to prevent 
the vehicle from overturning. An example of a counterbalanced lift 
truck is a counterbalanced fork lift truck. Counterbalanced lift 
trucks may be designed for use on smooth floor surfaces, such as a 
factory or warehouse, or other surfaces, such as construction sites, 
mines, etc.
    \13\ While tube-type tires are subject to the scope of this 
proceeding, tubes and flaps are not subject merchandise and 
therefore are not covered by the scope of this proceeding, 
regardless of the manner in which they are sold (e.g., sold with or 
separately from subject merchandise).
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    Specifically excluded from the scope are new pneumatic tires 
designed, manufactured and offered for sale primarily for on-highway or 
on-road use, including passenger cars, race cars, station wagons, sport 
utility vehicles, minivans, mobile homes, motorcycles, bicycles, on-
road or on-highway trailers, light trucks, and trucks and buses. Such 
tires generally have in common that the symbol ``DOT'' must appear on 
the sidewall, certifying that the tire conforms to applicable motor 
vehicle safety standards. Such excluded tires may also have the 
following designations that are used by the Tire and Rim Association:
    Prefix letter designations:
    <bullet> P--Identifies a tire intended primarily for service on 
passenger cars;
    <bullet> LT--Identifies a tire intended primarily for service on 
light trucks; and,

[[Page 22873]]

    <bullet> ST--Identifies a special tire for trailers in highway 
service.
    Suffix letter designations:
    <bullet> TR--Identifies a tire for service on trucks, buses, and 
other vehicles with rims having specified rim diameter of nominal plus 
0.156'' or plus 0.250'';
    <bullet> MH--Identifies tires for Mobile Homes;
    <bullet> HC--Identifies a heavy duty tire designated for use on 
``HC'' 15'' tapered rims used on trucks, buses, and other vehicles. 
This suffix is intended to differentiate among tires for light trucks, 
and other vehicles or other services, which use a similar designation.
    <bullet> Example: 8R17.5 LT, 8R17.5 HC;
    <bullet> LT--Identifies light truck tires for service on trucks, 
buses, trailers, and multipurpose passenger vehicles used in nominal 
highway service; and
    <bullet> MC--Identifies tires and rims for motorcycles.
    The following types of tires are also excluded from the scope: 
pneumatic tires that are not new, including recycled or retreaded tires 
and used tires; non-pneumatic tires, including solid rubber tires; 
tires of a kind designed for use on aircraft, all-terrain vehicles, and 
vehicles for turf, lawn and garden, golf and trailer applications. Also 
excluded from the scope are radial and bias tires of a kind designed 
for use in mining and construction vehicles and equipment that have a 
rim diameter equal to or exceeding 39 inches. Such tires may be 
distinguished from other tires of similar size by the number of plies 
that the construction and mining tires contain (minimum of 16) and the 
weight of such tires (minimum 1500 pounds).

Separate Rates

    In proceedings involving NME countries, the Department begins with 
a rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assigned a single 
antidumping duty deposit rate. It is the Department's policy to assign 
all exporters of merchandise subject to an investigation in an NME 
country this single rate unless an exporter can demonstrate that it is 
sufficiently independent so as to be entitled to a separate rate. See 
Final Determination of Sales at Less Than Fair Value: Sparklers from 
the People's Republic of China, 56 FR 20588 (May 6, 1991) 
(``Sparklers''), as amplified by Notice of Final Determination of Sales 
at Less Than Fair Value: Silicon Carbide from the People's Republic of 
China, 59 FR 22585 (May 2, 1994) (``Silicon Carbide''), and 19 CFR 
351.107(d).
    In the Preliminary Results, we found that Starbright and the 
separate-rate respondents, Hangzhou Zhongce Rubber Co., Ltd. 
(``Hangzhou Zhongce''), KS Holding Limited/KS Resources Limited (``KS 
Ltd.''), Laizhou Xiongying Rubber Industry Co., Ltd. (``Laizhou 
Xiongying''), Qingdao Taifa Group Co., Ltd. (``Qingdao Taifa''), and 
Weihai Zhongwei Rubber Co., Ltd. (``Weihai Zhongwei''), demonstrated 
their eligibility for separate-rate status. See Preliminary Results, 75 
FR at 64261-62. As stated in the Preliminary Results, Starbright and KS 
Ltd. reported that they are wholly foreign-owned, and therefore, 
consistent with the Department's practice, a further separate rate 
analysis was not necessary to determine whether Starbright's and KS 
Ltd.'s export activities were independent from government control, and 
we preliminarily granted a separate rate to Starbright and KS Ltd.\14\ 
For the final results, we continue to find that Starbright and KS Ltd. 
are eligible for separate rate status. For the final results, we also 
continue to find that the evidence placed on the record of this review 
by Hangzhou Zhongce, Laizhou Xiongying, Qingdao Taifa, and Weihai 
Zhongwei demonstrates both a de jure and de facto absence of government 
control, with respect to their respective exports of the merchandise 
under review, and, thus are eligible for separate-rate status. See 
Preliminary Results, 75 FR at 64262.
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    \14\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Creatine Monohydrate from the People's Republic of 
China, 64 FR 71104, 71104-05 (December 20, 1999) (where the 
respondent was wholly foreign-owned and, thus, qualified for a 
separate rate).
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Margin for the Separate Rate Companies

    As discussed above, the Department continues to find that Hangzhou 
Zhongce, KS Ltd., Laizhou Xiongying, Qingdao Taifa, and Weihai Zhongwei 
have demonstrated their eligibility for a separate rate. For the 
exporters subject to a review that are determined to be eligible for 
separate rate status, but are not selected as individually examined 
respondents, the Department generally weight-averages the rates 
calculated for the individually examined respondents, excluding any 
rates that are zero, de minimis, or based entirely on facts 
available.\15\ Consistent with the Department's practice, as the 
separate rate, we have established a margin for Hangzhou Zhongce, KS 
Ltd., Laizhou Xiongying, Qingdao Taifa, and Weihai Zhongwei based on 
the rate we calculated for the individually examined respondent, 
Starbright.
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    \15\ See, e.g., Wooden Bedroom Furniture From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Results of New Shipper Review and 
Partial Rescission of Administrative Review, 73 FR 8273, 8279 
(February 13, 2008) (unchanged in Wooden Bedroom Furniture from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and New Shipper Review, 73 FR 49162 (August 
20, 2008)).
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Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes to the margin calculations. For the final results, 
the Department has made the following changes to Starbright's Margin 
Calculation:
    <bullet> Invoices: Invoice numbers, customer codes and payment 
terms have been revised for two invoices in the U.S. sales database. 
See Memorandum titled ``Analysis Memorandum for the Final Results: 
Hebei Starbright Tire Co., Ltd. (``Final Analysis Memorandum''), dated 
concurrently with this notice. See also Memorandum titled ``First 
Administrative Review of Certain New Pneumatic Off-the-Road Tires 
(``OTR Tires'') from the People's Republic of China (``PRC'')--
Verification of the Sales Information of Hebei Starbright Tire Co., 
Ltd. and its U.S. Affiliate GPX International Tire Corp.,'' dated 
January 31, 2011 (``Verification Report'').
    <bullet> Set Adjustments: Set adjustments have been applied to 
multiple sales in the U.S. sales database. See Final Analysis 
Memorandum. See also Verification Report.
    <bullet> U.S. Inland Freight from Warehouse to Customer: For the 
final results, we have revised the adjustment regarding U.S. inland 
freight from warehouse to customer. See Final Analysis Memorandum. See 
also Verification Report.
    <bullet> Rebate Adjustments: Regarding rebate adjustments, we have: 
eliminated the reliance upon facts available with adverse inference 
under sections 776(a)(1), 776(a)(2)(B), and 776(b) of the Tariff Act of 
1930, as amended (the ``Act''), used in the Preliminary Results and, in 
its place, applied a rebate adjustment to the 2009 sales of multiple 
customers; and modified the rebate adjustment for one customer's 2008 
sales. See Comment 4 of the Issues and Decision Memorandum. See also 
Final Analysis Memorandum and Verification Report.
    <bullet> Credit: Regarding credit adjustments, we have: revised the 
adjustments to account for revisions to the above-mentioned rebate 
adjustments; and revised the average interest rate used to calculate 
credit

[[Page 22874]]

adjustments. Regarding the sales for which Starbright was not able to 
report a payment date, we have used partial facts available in 
accordance with sections 776(a)(1) and 776(a)(2)(B) of the Act. See 
Comment 4 of the Issues and Decision Memorandum. See also Final 
Analysis Memorandum. See also Verification Report.
    <bullet> Inventory Carrying Costs: We have modified the average 
number of days in inventory used to calculate the adjustment for 
inventory carrying costs. See Comment 4 of the Issues and Decision 
Memorandum. See also Final Analysis Memorandum and Verification Report.
    <bullet> Indirect Selling Expenses: Regarding indirect selling 
expenses, we have: included two additional indirect selling accounts; 
and modified our calculation to more comprehensively capture all of 
GPX's indirect selling expenses attributable to the sales of subject 
merchandise. See Comments 2 and 3 of the Issues and Decision 
Memorandum. See also Final Analysis Memorandum.
    <bullet> Indirect Labor: After the Preliminary Results, Starbright 
submitted data regarding its use of supervisory and quality control 
labor. For the final results we have added the new supervisory and 
quality control indirect labor usage to the original indirect labor 
usage for a new total indirect labor usage. See Comment 5 of the Issues 
and Decision Memorandum. See also Final Analysis Memorandum.
    <bullet> Non-production Electricity: For the final results, we are 
removing electricity consumed by Starbright in its energy department 
and supporting department from our calculations of energy consumed for 
production. See Comment 6 of the Issues and Decision Memorandum. See 
also Final Analysis Memorandum.
    <bullet> Brokerage and Handling: For the final results, we are no 
longer deflating brokerage and handling costs. See Comment 9 of the 
Issues and Decision Memorandum. See also Final Analysis Memorandum and 
Memorandum titled ``Preliminary Results of the Administrative Review of 
the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires 
from the People's Republic of China: Surrogate Value Memorandum,'' 
dated October 7, 2010 (``Surrogate Value Memorandum'').
    <bullet> Adjustments to Surrogate Financial Ratios: For the final 
results, in Goodyear India Limited's financial statement we have: 
excluded a portion of ``Liabilities/Provision no longer required 
written back''; reclassified ``Retirement Gratuities'' as manufacturing 
overhead; and corrected two clerical errors. See Comments 7 and 11 of 
the Issues and Decision Memorandum. See also Surrogate Value 
Memorandum.
    <bullet> Rubber Softener (RSOFT): We have applied a daily exchange 
rate based on the date of sale to the surrogate value for RSOFT. See 
Comment 10 of the Issues and Decision Memorandum. See also Final 
Analysis Memorandum.
    <bullet> Export Subsidy Adjustment: Section 772(c)(1)(C) of the Act 
unconditionally states that U.S. price ``shall be increased by the 
amount of any countervailing duty imposed on the subject merchandise * 
* * to offset an export subsidy''.\16\ The Department determined in its 
final results of the companion countervailing duty administrative 
review that Starbright's merchandise benefited from export 
subsidies.\17\ Therefore, we have increased Starbright's U.S. price for 
countervailing duties imposed attributable to export subsidies, where 
appropriate. See Final Analysis Memorandum.
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    \16\ See, e.g., Carbazole Violet Pigment 23 from India: Final 
Results of Antidumping Duty Administrative Review, 75 FR 38076, 
38077 (July 1, 2010), and accompanying Issues and Decision 
Memorandum at Comment 1.
    \17\ See New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Final Results of Countervailing Duty 
Administrative Review, dated concurrently with this notice.
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Adverse Facts Available

    Sections 776(a)(1) and (2) of the Act provide that the Department 
shall apply ``facts otherwise available'' if, inter alia, necessary 
information is not on the record or an interested party or any other 
person: (A) withholds information that has been requested; (B) fails to 
provide information within the deadlines established, or in the form 
and manner requested by the Department, subject to subsections (c)(1) 
and (e) of section 782 of the Act; (C) significantly impedes a 
proceeding; or (D) provides information that cannot be verified as 
provided by section 782(i) of the Act.
    Where the Department determines that a response to a request for 
information does not comply with the request, section 782(d) of the Act 
provides that the Department will so inform the party submitting the 
response and will, to the extent practicable, provide that party the 
opportunity to remedy or explain the deficiency. If the party fails to 
remedy the deficiency within the applicable time limits and subject to 
section 782(e) of the Act, the Department may disregard all or part of 
the original and subsequent responses, as appropriate. Section 782(e) 
of the Act provides that the Department ``shall not decline to consider 
information that is submitted by an interested party and is necessary 
to the determination but does not meet all applicable requirements 
established by the administering authority'' if the information is 
timely, can be verified, is not so incomplete that it cannot be used, 
and if the interested party acted to the best of its ability in 
providing the information. Where all of these conditions are met, the 
statute requires the Department to use the information if it can do so 
without undue difficulties.
    Section 776(b) of the Act further provides that the Department may 
use an adverse inference in applying the facts otherwise available when 
a party has failed to cooperate by not acting to the best of its 
ability to comply with a request for information. Section 776(b) of the 
Act also authorizes the Department to use as adverse facts available 
(``AFA'') information derived from the petition, the final 
determination, a previous administrative review, or other information 
placed on the record.
    For the Preliminary Results, the Department applied partial AFA to 
a number of products with unreported factors of production. See 
Preliminary Results, 75 FR at 64265-66. No parties have commented on 
this issue since that time, and the record regarding the products in 
question remains the same. For this reason, we determine that, in 
accordance with sections 776(a)(1), 776(a)(2)(B), 776(a)(2)(C), and 
776(b) of the Act, continued use of partial AFA is appropriate for the 
final results with respect to Starbright. See Final Analysis Memo.

Final Results Margins

    We determine that the following weighted-average dumping margins 
exist for the period February 20, 2008, through August 31, 2009:

                         OTR Tires From the PRC
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Hebei Starbright Tire Co., Ltd..............................       28.97
Hangzhou Zhongce Rubber Co., Ltd............................       28.97
KS Holding Limited/KS Resources Limited.....................       28.97
Laizhou Xiongying Rubber Industry Co., Ltd..................       28.97
Qingdao Taifa Group Co., Ltd................................       28.97
Weihai Zhongwei Rubber Co., Ltd.............................       28.97
------------------------------------------------------------------------


[[Page 22875]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. For assessment purposes, we 
calculated importer (or customer)-specific assessment rates for 
merchandise subject to this review. Where appropriate, we calculated an 
ad valorem rate for each importer (or customer) by dividing the total 
dumping margins for reviewed sales to that party by the total entered 
values associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting ad 
valorem rate against the entered customs values for the subject 
merchandise. Where appropriate, we calculated a per-unit rate for each 
importer (or customer) by dividing the total dumping margins for 
reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise. Where an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2). We intend 
to instruct CBP to liquidate entries containing subject merchandise 
exported by the PRC-wide entity at the PRC-wide rate of 210.48 percent. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For 
Starbright,\18\ Hangzhou Zhongce, KS Ltd., Laizhou Xiongying, Qingdao 
Taifa, and Weihai Zhongwei, the cash deposit rate will be the margins 
listed above; (2) for previously investigated or reviewed PRC and non-
PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 210.48 percent 
determined in the less-than-fair-value investigation; and (4) for all 
non-PRC exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.
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    \18\ While the instant review covered Starbright as the 
exporter, the draft cash deposit instructions released with the 
Preliminary Results inadvertently identified ``Hebei Starbright Co., 
Ltd./GPX International Co., Ltd.'' as the exporter. We have 
corrected the cash deposit instructions to identify only Starbright 
as the exporter.
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Comment 1: Whether to Treat Certain Inputs as Manufacturing Overhead 
or FOPs
Comment 2: Treatment of Warehousing-Related Expenses
Comment 3: Calculation of ISE Ratio
Comment 4: Whether to Make Certain Changes Based on Verification 
Findings
Comment 5: Treatment of Supervisory and Quality Control Labor
Comment 6: Calculation of Starbright's Electricity Consumption
Comment 7: Correction of Alleged Ministerial Errors
Comment 8: Valuation of Wage Rate
Comment 9: Valuation of Brokerage and Handling
Comment 10: Valuation of RSOFT
Comment 11: Selection and Calculation of Financial Ratios
Comment 12: Whether to Grant MOE Treatment
Comment 13: Double Remedies
Comment 14: Zeroing

[FR Doc. 2011-9964 Filed 4-22-11; 8:45 am]
BILLING CODE 3510-P